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McDUFFEE MOTOR FREIGHT, INC. v. UNITED STATES

No. 75-1735.

543 F.2d 1181 (1976)

McDUFFEE MOTOR FREIGHT, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, and Bronaugh Motor Express, Inc., Intervening Respondent.

United States Court of Appeals, Sixth Circuit.

Decided November 3, 1976.

Attorney(s) appearing for the Case

Gerald C. Simon, Fischer, Franklin & Ford, Rex Eames, Eames, Petrello & Wilcox, Detroit, Mich., for petitioner.

Raymond Michael Ripple, Fritz R. Kahn, I.C.C., Washington, D.C., for I.C.C.

John H.D. Wigger, Dept. of Justice, Washington, D.C., for the U.S.

Angus W. McDonald, McDonald, Alford & Roszell, Lexington, Ky., John M. Nader, Bowling Green, Ky., for intervening respondent.

Before CELEBREZZE, PECK and ENGEL, Circuit Judges.

ENGEL, Circuit Judge.

This matter is before the court on the petition of McDuffee Motor Freight, Inc. to review two orders entered on December 26, 1974 and May 12, 19751 by Division III of the Interstate Commerce Commission.

On December 31, 1969, a contract was executed between McDuffee and Bronaugh Motor Express, Inc., both common carriers, for the sale of a portion of McDuffee's operating authority to transport certain commodities...

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